13 Sept 2021
CHEN v NEW ZEALAND POLICE [2021] NZHC 2386
- Citation
- [2021] NZHC 2386
- Court
- High Court
The appellate court concluded the trial Judge did not err: the Judge permissibly relied on contemporaneous WeChat admissions and the appellant's inconsistent accounts to reject self-defence and accept the complainant's evidence; the offending's gravity (two assaults in breach of a protection order) was low-to-moderate and the direct and indirect consequences of conviction (including potential deportation and employment effects) were not out of all proportion to that gravity, so discharge without conviction was properly refused and convictions are upheld.